Judge Lee W. Tsao, Case Number: 22NWCV00535, Date: 2023-05-24 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00535, Date: 2023-05-24 Tentative Ruling

Case Number: 22NWCV00535 Hearing Date: January 31, 2024 Dept: C

makary v. vazquez

CASE NO.: 22NWCV00535

HEARING: 1/31/24 @ 9:30 AM

1) Cross-Defendants’ Motion to Compel Responses is GRANTED.

2) Cross-Defendants’ Motion to Deem Matter Admitted is GRANTED.

3) Cross-Defendants’ request for sanctions is GRANTED in the amount of $2,120.00.

Moving Party to give NOTICE.

Cross-Defendants George Makary and Ayad Makary (collectively Cross-Defendants) move to compel initial responses to their Form Interrogatories, Special Interrogatories, and Requests for Production and to deem matter admitted.

Background

Plaintiff and Cross-Defendant George Makary filed a Complaint against Defendant and Cross-Complainant Guillermina Vazquez (Cross-Complainant) for interference with economic relations and private nuisance for refusing to vacate real property commonly known as 11611 Burke Street, Whittier, CA 90606. Cross-Complainant filed a Cross-Complaint against Cross-Defendants George Makary, Ayad Makary, and Jazmin Vazquez for quiet title alleging that her signature on a 2021 quitclaim deed was forged by Jazmin Vazquez.

Legal Standard

“If a party to whom interrogatories are directed fails to serve a timely response …. The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) …. The party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290.)

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it …. The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) …. The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300.)

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply … (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted … (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (CCP § 2033.280.)

Discussion

Here, Cross-Defendants served their Form Interrogatories (set one), Special Interrogatories (set one), Requests for Production (set one), and Requests for Admission (set one) on August 24, 2023. Cross-Complainant has not served responses as of the date of this hearing. Thus, Cross-Complainant is ordered to serve verified responses to the interrogatories and requests for production without objections and the Requests for Admission are deemed admitted.

Sanctions

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust. (CCP §§ 2030.290(c), 2031.300(c).) Sanctions are mandatory against a party who fails to respond to requests for admission. (CCP § 2033.280(c). Sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a).

Cross-Defendants seek $2,224.00 in sanctions for the Motion to Compel consisting of 2.6 hours preparing the motion, a half hour to draft the reply, and 1.5 hours preparing for and attending the hearing at a rate of $450.00 per hour, $60.00 for filing the motion, and $94.00 for court-call. Cross-Defendants also seek $2,044.00 in sanctions for the Motion to Deem Matters Admitted consisting of 2.2 hours preparing the motion, a half hour to draft the reply, and 1.5 hours preparing for and attending the hearing at a rate of $450.00 per hour, $60.00 for filing the motion, and $94.00 for court-call. These are routine motions and are unopposed. Thus, the Court awards sanctions in the reduced amount of $2,120.00.

Accordingly, Cross-Defendants’ Motion to Compel Responses is GRANTED. Plaintiff is ordered to serve verified responses to Cross-Defendants’ Form Interrogatories (set one), Special Interrogatories (set one), and Requests for Production (set one) within twenty days of this Order. Cross-Defendants’ Motion to Deem Matter Admitted is GRANTED. Cross-Defendants’ request for sanctions is GRANTED and imposed against Cross-Complainant and her counsel of record, jointly and severally, in the reduced amount of $2,120.00. This sanction is to be paid within twenty days of this Order.